Lombard reporting to Rosfinmonitoring

In order to protect the rights and legitimate interests of citizens, society and the state, the state establishes a mechanism to combat the legalization (laundering) of proceeds from crime and the financing of terrorism.

Within the framework of this mechanism, Federal Law No. 115-FZ dated August 7, 2001 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” establishes special control over organizations that carry out transactions with funds or other property. In particular, such organizations include pawnshops.

What does Rosfinmonitoring check? And what is the fine for?

Almost a year has passed since Rosfinmonitoring received the right to request any information about the movement of funds in the accounts of organizations, entrepreneurs, and even to block accounts. In connection with this expansion of the powers of Rosfinmonitoring, we increasingly hear about inspections carried out by this service. In this material we will find out: who is subject to verification, for which transactions it is necessary to submit information to Rosfinmonitoring? What liability is provided for violation of legislation in the field of legalization (laundering) of proceeds from crime?

Order of the Federal Service for Financial Monitoring dated May 8, 2009 No. 103 approved recommendations for the development of criteria for identifying and defining signs of unusual transactions.

The criteria have been developed with the aim of creating a single effective mechanism that will allow certain individuals to combat the legalization (laundering) of proceeds from crime and the financing of terrorism.

To certain persons carrying out transactions with funds or other property, in accordance with Art. 5 of the Federal Law of 07.08.2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” include:

credit organizations;
professional participants in the securities market;
insurance organizations (with the exception of medical insurance organizations operating exclusively in the field of compulsory health insurance), insurance brokers and leasing companies;
organizations of federal postal services;
pawnshops;
organizations engaged in the purchase, purchase and sale of precious metals and precious stones, jewelry made from them and scrap of such products, with the exception of religious organizations, museums and organizations using precious metals, their chemical compounds, precious stones for medical, scientific research purposes or as part of tools, devices, equipment and products for industrial and technical purposes;
organizations that operate sweepstakes and bookmakers, as well as those that organize and conduct lotteries, sweepstakes (mutual betting) and other risk-based games, including in electronic form;
management companies of investment funds, mutual funds and non-state pension funds;
organizations providing intermediary services in real estate purchase and sale transactions;
payment acceptance operators;
commercial organizations entering into financing agreements for the assignment of monetary claims as financial agents;
credit consumer cooperatives, including agricultural credit consumer cooperatives;
microfinance organizations;
mutual insurance companies;
non-state pension funds licensed to carry out pension provision and pension insurance activities;
telecom operators who have the right to independently provide mobile radiotelephone communication services, as well as telecom operators that occupy a significant position in the public communications network, who have the right to independently provide telecommunications services for data transmission.

Individual entrepreneurs who are also subject to the rights and obligations of the Federal Law of August 7, 2001 N 115-FZ include individual entrepreneurs:

who are insurance brokers;
those engaged in the purchase, purchase and sale of precious metals and precious stones, jewelry made from them and scrap of such products;
providing intermediary services in real estate purchase and sale transactions.

The rights and obligations of the Federal Law of August 7, 2001 N 115-FZ also apply to lawyers, notaries and persons engaged in business activities in the field of providing legal or accounting services in cases where they prepare or carry out the following operations on behalf of or on behalf of their client with cash or other property:

real estate transactions;
management of funds, securities or other property of the client;
management of bank or securities accounts;
raising funds to create organizations, ensure their activities or manage them;
creating organizations, ensuring their activities or managing them, as well as buying and selling organizations.

The above persons, except for credit institutions, professional participants in the securities market, insurance organizations, insurance brokers, management companies of investment funds, mutual funds and non-state pension funds, incl.
Agricultural credit consumer cooperatives, microfinance organizations, mutual insurance societies, non-state pension funds and pawnshops are required to develop internal control rules in order to prevent the legalization (laundering) of proceeds from crime and the financing of terrorism. They are also required to appoint special officials responsible for implementing internal control rules. Rosfinmonitoring recommends that the criteria and signs of unusual transactions be included in the program for identifying transactions (transactions) subject to mandatory control, and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism. This program is developed as part of the internal control rules. The requirements for internal control rules were approved by the Decree of the Government of the Russian Federation of June 30, 2012. No. 667 “On approval of requirements for internal control rules developed by organizations carrying out transactions with funds or other property, and individual entrepreneurs, and on the recognition of certain acts of the Government of the Russian Federation as invalid.”

The criteria and signs of unusual transactions are divided into groups from 11 to 46. The criteria and signs included in groups 11 to 22 are of a general nature and are applied in full. And the criteria and characteristics included in groups 31 to 46 are associated with certain specifics of activity.

The group code includes a criterion/attribute code, which is subsequently used to submit information to Rosfinmonitoring.

Common criteria for unusual transactions include:

inconsistency of the transaction with the goals of the organization’s activities established by the constituent documents of this organization;
excessive client concern about confidentiality issues when carrying out a transaction;
— neglect of the client to obtain more favorable conditions when receiving services;
unreasonable haste in carrying out an operation that the client insists on;
introduction by the client to the previously agreed upon transaction scheme, immediately before the start of its implementation, significant changes;
lack of information about the client - a legal entity, individual entrepreneur in official reference publications, or the impossibility of communicating with the client at the addresses and telephone numbers indicated by him;
the client’s order to transfer the funds received under the transaction to the client’s account, different from the account specified in the agreement, including to an account in a non-resident bank, or to his own account in a bank other than the bank from which the funds for this transaction were originally received , or to the account of a third party who is not a party to the transaction;
a significant deviation of the transaction amount relative to current market prices, including at the insistence of the client.

Article 15.27 of the Code of Administrative Offenses of the Russian Federation provides for liability for failure to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism. Thus, failure to submit information about questionable transactions to Rosfinmonitoring entails the imposition of an administrative fine:

for officials in the amount of 30,000 to 50,000 rubles;
for legal entities - from 200,000 to 400,000 rubles or administrative suspension of activities for up to sixty days.

Please note that legalization (laundering) of funds or other property acquired by other persons through criminal means is subject to criminal liability.
Conducting financial transactions and other transactions with funds or other property acquired by a person as a result of committing a crime, in order to give legal ownership, use and disposal of these valuables is punishable by a fine of up to 120,000 rubles. The fine may also be the amount of wages or other income of the convicted person for a period of up to one year (Part 1 of Article 174 of the Criminal Code of the Russian Federation). In case of a large scale of the same act, one of the following types of punishment is applied:

a fine of up to 200,000 rubles;
a fine in the amount of wages or other income of the convicted person for a period of one to two years;
forced labor for up to two years;
imprisonment for a term of up to two years with a fine of up to 50,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or without it (Part 2 of Article 174 of the Criminal Code of the Russian Federation).

For 2022
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Report on a transaction recognized by the NFO as suspicious

In accordance with paragraph 3 of Art. 7 of Federal Law No. 115-FZ, if employees of an NFO have suspicions that any transactions are carried out for ML/TF purposes, this NFO, no later than three working days following the day such operations are identified, is obliged to send information to the authorized body about such operations.

The result of fulfilling such an obligation will be the formation of an internal message, as well as the generation of a report on a transaction recognized as suspicious, and its sending to the authorized body.

Quite often, when a suspicious transaction is identified, organizations do not document them - they do not draw up an internal report.

When filling out a message in your personal account, questions such as:

from what date should the deadline for sending a message to Rosfinmonitoring be counted,
How to fill out the message fields correctly.

provides services for preparing a message about a transaction recognized as suspicious and for drawing up an internal message.

The cost of generating one report is from 3,500 rubles.
The cost of composing an internal message is 1,900 rubles.

Order a report Get a consultation

Report on a transaction subject to mandatory control

According to paragraphs. 4 paragraphs 1 art. 7 of Federal Law No. 115-FZ, organizations are required to document and submit to the authorized body no later than three working days following the day of the transaction, information about the transaction subject to mandatory control.

The result of fulfilling such an obligation will be the formation of an internal message, as well as the generation of a report on the operation subject to mandatory control, and its sending to the authorized body.

Quite often, when carrying out an operation that is subject to mandatory control, organizations do not document them - they do not draw up an internal message.

When filling out a message in your personal account, questions such as:

from what date should the deadline for sending a message to Rosfinmonitoring be counted,
how to correctly identify the parties to a transaction, how to fill out the message fields.

provides services for preparing a message about a transaction subject to mandatory control and drawing up an internal message.

The cost of generating one report is from 3,500 rubles.
The cost of composing an internal message is 1,900 rubles.

Order a report Get a consultation

How to generate a disclosure report in accordance with Federal Law No. 115-FZ

1C-Rarus: Pawnshop 4.0 program implements the ability to disclose information in accordance with the Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.” “Information on the results of customer verification under 115-FZ on AML/CFT” is intended for this purpose.

, available in the “Reporting to Rosfinmonitoring” menu.

In the document you can fill out and indicate the following information to be disclosed:

results of verification of counterparties based on the coincidence of the counterparty’s information in the lists of Rosfinmonitoring;
involvement in extremist activities or terrorism;
decision of the interdepartmental commission to freeze funds or other property;
involvement in the proliferation of weapons of mass destruction.
Counterparties for which there are transactions on pledge tickets during the information disclosure period are subject to verification, or there are pledge tickets that were not closed at the end of the information generation period. Data on the results of verification of counterparties are filled in automatically;
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measures applied to clients and counterparties to combat money laundering and terrorism.

The document must indicate the following information disclosure parameters:

Organization – the organization disclosing the information;
Disclosure period – indicates the start date and end date of the period for which information is disclosed.

Filling out the report is done by clicking the “Check and fill” button:

The report is filled in with a list of all counterparties in the database for which pledges were made for the specified period, and the counterparties are checked by full name, passport details, date and place of birth with data in the downloaded lists of Rosfinmonitoring. If the information matches, the line with the counterparty is highlighted in color, and flags automatically indicate which data corresponds to those registered in the Rosfinmonitoring list:

At the same time, in the tabular section “Checking counterparties” the type of Rosfinmonitoring list in which a match of information on the counterparty was found is indicated. The list type is filled in only if the counterparty has at least 1 match with Rosfinmonitoring data.

The table “Information on Rosfinmonitoring lists” displays information about the lists:

list type;
date of information;
date of download;
number of entries in the list.

On the “Freezing measures” tab, you can indicate the number of persons for whom measures were taken / were not taken:

By clicking the “Print” button, it is possible to generate a report “Report on verification of counterparties”:

Appendix 1 to the act provides a transcript of the list of clients for whom there are matches in the lists:

Also, if necessary, using the “Attached files” link, you can attach images or files of various formats to the document using the “Add” button:

When you check the “Report sent to regulatory authorities” checkbox and specify the date of sending, the “Checking counterparties” section becomes unavailable for editing:

In the form of the report “Report on verification of counterparties”, the following information about sending the report will be filled in:

What should a pawnshop report to Rosfinmonitoring?

24.04.2017

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Pinigina Elena Evgenievna, an independent expert on financial monitoring and AML/CFT, explains to pawnshops about the main responsibilities for submitting information to the authorized body (Rosfinmonitoring). Pawnshops are subject to the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (hereinafter referred to as Law 115-FZ). Law 115-FZ imposes a number of responsibilities on pawnshops related to identifying customers and informing the authorized body. We will consider issues related to sending basic information to Rosfinmonitoring and checking pawnshop clients, since these are the responsibilities that cause the greatest difficulties in implementing them in practice.

So, in the article the author raised and considered the following questions:

how and with what frequency pawnshop clients are checked according to the List;
what needs to be reported to Rosfinmonitoring;
special requirements for the pawnshop client questionnaire;
the most common customer transactions that have signs of unusual transactions, possibly carried out for the purpose of laundering criminal proceeds, transactions subject to mandatory control.

Checking the client against the List of persons involved in extremist activities or terrorism and according to the Decisions of the interdepartmental coordinating body performing functions to combat the financing of terrorism on freezing (blocking) funds or other property of the client

Before accepting a client for service, the pawnshop is obliged to identify the client. The article is devoted specifically to working with a client, and therefore, the author omitted all the activities that need to be carried out in relation to the client’s representative, beneficiary, beneficial owner.

According to the Regulation of the Bank of Russia dated December 12, 2014 N 444-P “On the identification by non-credit financial institutions of clients, client representatives, beneficiaries, beneficial owners for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (hereinafter referred to as the Regulation 444-P), when identifying clients, as well as when updating information obtained as a result of identification, the pawnshop uses information from open information systems of government bodies of the Russian Federation, including information about the presence of information regarding clients about their involvement in extremist activities or terrorism. The list of such persons is communicated by the authorized body to pawnshops through their personal account on the Rosfinmonitoring website.

The pawnshop is obliged to check clients and determine the presence/absence of information about the client in the decisions of the interdepartmental coordinating body that carries out the functions of combating the financing of terrorism on freezing (blocking) funds or other property of the client.

Thus, for each client, before accepting him for service, it is necessary to carry out an initial verification procedure on at least two documents: the List and the Decisions.

At the same time, Regulation 444-P establishes the obligation of the pawnshop to record information about the client in the client’s questionnaire (dossier), which is a separate document or set of documents drawn up on paper and (or) electronic media. As practice shows, pawnshops prefer to fill out and store a client’s questionnaire in electronic form, which allows them to reduce paperwork and systematize information about clients.

So, when accepting service, before concluding a contractual relationship with the client, the pawnshop creates a client questionnaire and records in it all the information received, according to the list of information established by Regulation 444-P.

It is especially worth paying attention to the requirement of the Central Bank of the Russian Federation to record in the client’s questionnaire information about the results of each check of the presence (absence) of information regarding the client about his involvement in extremist activities or terrorism:

inspection date,
test results,
if there is information about the client’s involvement in extremist activities or terrorism, the number and date of the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, containing information about the client, are also indicated,
or the number and date of the decision of the interdepartmental coordinating body performing functions to combat the financing of terrorism to freeze (block) funds or other property of the client.

It turns out that every time the List is updated (usually the List is updated once a week), the pawnshop must once again check the client being serviced according to the updated List and the newly issued Decisions of the interdepartmental coordinating body. At the same time, record the result of the check in the client’s questionnaire.

We conducted a survey among more than 500 pawnshops in Russia and found out that the problem of verifying clients for each new List and recording the verification results in a questionnaire is relevant and requires a solution.

But that is not all. The pawnshop is obliged, at least once every three months, to check the presence of organizations and individuals among its clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied, and to inform the authorized body about the results of such a check. In this case, the inspection is carried out according to the List current on the day of the inspection and according to the Decisions of the interdepartmental coordinating body. That is, another check of clients is obtained. In this case, clients who are being serviced by the pawnshop on the day of the inspection, and who were being serviced during the period under inspection, are subject to verification.

It is clear that repeatedly checking each client by entering client data into the search bar in your personal account is quite a troublesome task. And it is also more labor-intensive to enter information about the results of each check into the client’s questionnaire.

We have taken upon ourselves the responsibility to find a solution to this problem. Our attention was drawn to the PawnShop pawnshop program. This Program offers a wide range of opportunities, among which it is worth noting important solutions for pawnshops in the area of fulfilling their obligations for AML/CFT purposes, for example, automated verification of a client against the List when creating a client profile. The functionality of the program allows pawnshops to timely fulfill their obligations to apply measures to freeze (block) funds or other property of the client, inform the authorized body about the measures taken, and report to Rosfinmonitoring about transactions performed by persons included in the List. But when we independently studied the capabilities of the program, we did not find a solution to all the problems of pawnshops and turned to specialists.

Dmitry Sokolov, executive director of Algo-rithm, a software developer for PawnShop pawnshops, agreed to answer our questions. Our dialogue with Dmitry turned out to be very rich and, most importantly, we received answers to many questions that concern the pawnshop community.

We share with you the main answers.

What solutions for pawnshops does the PawnShop program offer in terms of conducting an automated check of pawnshop clients with each “weekly” update of the List of persons involved in terrorism and extremism?

PawnShop provides the ability to download the List of Persons and conducts an initial check of the client immediately upon issuing a pawn ticket. We decided not to stop there, and are currently developing a function that allows us to check all clients who have a contractual relationship with the pawnshop. Based on the results of the check, the pawnshop receives a report indicating the results of the check: X clients checked, matches with the list Y, decoding of matches according to the classification. It will be possible to run a check both for current collateral agreements and for a selected period. When checking for a period, the program will check all collateral agreements under which transactions were carried out.

Note expert

Thus, it will not be difficult for the pawnshop to carry out a “quarterly” check of clients according to the List current on the day of the check, which will ensure high-quality and quick fulfillment of the pawnshop’s obligation to check clients at least every three months. The pawnshop will only have to notify the authorized body about the result of the inspection by sending a message to Rosfinmonitoring.

How can a pawnshop employee enter into the client’s questionnaire information about the results of each client check according to the updated List with the least amount of labor?

The client's profile is updated automatically depending on the result of the check. If a match is found with the List of Persons, this will be recorded in the questionnaire. Moreover, in accordance with Law No. 115 Federal Law, the program also displays a complete list of inspection dates. This requirement of Rosfinmonitoring is difficult to fulfill manually, and its automation will help the pawnshop reduce the time it takes to comply with the requirements of the Bank of Russia.

In accordance with Appendix 3 to the Regulation of the Bank of Russia dated December 15, 2014 N 445-P “On the requirements for the rules of internal control of non-bank financial organizations in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism”, one of the signs is indicating the unusual nature of the pawnshop operation (transaction) is the sign with code 3701 - “Multiple (five or more times a year) obtaining a loan secured by jewelry without subsequent repurchase.”

Thus, the pawnshop is obliged to monitor the transactions of each borrower for non-purchase of the jewelry presented as collateral.

In the event of an event—the borrower’s fifth failure to repurchase the jewelry—the pawnshop decides to classify (non-qualify) the identified unusual client transaction as a suspicious transaction. If a decision is made to qualify an operation as an operation that has signs of being unusual, no later than three business days following the day such operations were identified, the pawnshop is obliged to send information about such operations to the authorized body.

What functions are provided in the PawnShop program for the timely detection of such transactions?

Tracking of suspicious transactions, according to the requirements of Rosfinmonitoring, occurs automatically. The tracking process is implemented using special algorithms. When a suspicious transaction is detected, the user receives a notification and an entry is made in the Financial Monitoring report.

According to Art. 6 of Law 115-FZ, placing precious metals, precious stones, jewelry made from them and scrap of such products or other valuables in a pawnshop, if their value is equal to or exceeds 600,000 rubles, is an operation subject to mandatory control. The pawnshop is obliged to send a message about such a transaction to Rosfinmonitoring no later than three working days following the day of the transaction.

How does the PawnShop program implement a notification about the need to send a message to Rosfinmonitoring when entering data on the assessment of collateral?

Notification of the conclusion of such a transaction is carried out in the form of a message:

The program informs the user and enters information about the transaction into the Financial Monitoring report. Thus, the likelihood of an error due to inattention on the part of a pawnshop employee is reduced.

Thus, today it is not difficult for a pawnshop to comply with the requirements of the legislation on financial monitoring and AML/CFT using automated means of working with clients. For ourselves, we have concluded that PawnShop is a constantly improving product that meets today’s needs of the pawnshop community. Regular updates of the program's capabilities ensure that forms and reports strictly comply with the latest standards of current legislation. You can find out about other program features not related to AML/CFT on the developer’s website.

Author of the article

:
Pinigina Elena Evgenievna, editor -in-chief

Source: Jewelry News

AML/CFT report

The responsible employee must generate the following types of reports:

Written reports for the Head of the organization on the results of inspections.

Written ongoing reporting.

Written report for the collegial executive body.

Let's take a closer look at each report:

Written reports for the Head of the organization on the results of inspections

The audit report must include:

Information about all identified violations of the AML/CFT/CFT legislation.

Such violations can include anything from non-compliance of the AML/CFT/PWF rules with the requirements of the Russian Federation legislation on AML/CFT/PWF to the disclosure of information to third parties about measures taken for AML/CFT/PWF purposes in the Organization. In order to generate such a report, the Responsible Employee should draw up an inspection plan and identify control objects. As a rule, violations of legal requirements duplicate violations of the rules of internal rules for AML/CFT/CFT, but not always.

Information about all identified violations of the rules of internal rules for AML/CFT/CFT.

Such violations may include violations of the procedures and terms for providing information, procedures and terms for interaction between employees, violations related to the performance of AML/CFT/CFT responsibilities within the framework of an organized system, which are recorded in the Internal Control Rules for AML/CFT/CFT, and others. violations.

Information on measures taken based on the results of inspections.

Any violations must be corrected. Accordingly, the report should state that the identified violation has been eliminated. If it is revealed that the ICR for AML/CFT/CFT does not comply with the requirements of the legislation on AML/CFT/CFT, then the report should indicate that a new version of the ICR for AML/CFT/CPR has been approved.

Written ongoing reporting

We recommend informing the Head of the organization about the implementation of the internal control rules for AML/CFT/CFT at least once a quarter, but it is possible monthly or even more often - Report of the Responsible Employee on the results of internal control for AML/CFT/CFT purposes.

The Responsible Officer's report on the results of internal control for AML/CFT/PWF purposes must also include the objects of control. It is advisable to include in the report information on all activities for AML/CFT/CFT purposes carried out by the Organization. For example, information about checks according to the lists, about messages sent to Rosfinmonitoring, about identified violations and the persons responsible for them, and other information about which the Responsible Employee is obliged to inform the Head of the organization in accordance with the ICR on AML/CFT/CFT.

Written report for the collegial executive body

A written report for the collegial executive body (Management Board, Board of Directors) must be previously agreed upon with the Head of the organization.

The report for the collegial executive body must include information on the results of implementing the ICR on AML/CFT/PWF and recommended measures to improve the AML/CFT/PWF system.

The report is generated and submitted at least once a year.

The report should include the same information as in the Responsible Officer's Report on the results of internal control for AML/CFT/PWF purposes, as well as the Responsible Officer's opinion on how best to organize the Organization's AML/CFT/PWF system. For example, buy software to automate identification, simplify the interaction procedure (exclude some department from the AML/CFT/CFT document flow), etc.

SAO AML/CFT report

Sample Report on the results of internal control under AML/CFT/CFT - 1,500 rubles.

Inspection report

Sample report on the results of inspections - 500 rubles.

Report for the collegial executive body

Sample report for submission to the collegial executive body - 1,500 rubles.

Organization of document flow for AML/CFT/CFT

A set of documents for organizing AML/CFT/CFT document flow in the Organization 4,500 rubles.
Report on the results of the implementation of internal control Report on the results of the implementation of internal control rules Report of the Responsible Officer reporting reporting under/ft checks under/ft clarifications

Financial monitoring will take revenge in 2022 for the quiet and calm year 2022

The year 2022, which has gone down in history, has become one of the quietest and calmest years in recent years for jewelers in matters of changing the norms of “anti-money laundering legislation”. Of course, changes and events in financial monitoring took place in 2022, but they were not particularly large-scale. Financial monitoring has apparently decided to take revenge for 2022 in 2022, which already promises to be eventful and hot for changes for jewelers. Today we will tell our readers about some of the sensational changes and events that occurred in the field of AML/CFT in December 2022 - January 2022, and also share with them some of the most important draft regulations on financial monitoring known to date.

1. Rosfinmonitoring told jewelers about how to work with public officials On December 12, 2017, Rosfinmonitoring posted on its website Information Letter No. 53 “On methodological recommendations for identifying foreign public officials, officials of public international organizations, as well as Russian public officials persons when identifying clients, accepting them for service and managing risks when working with these persons.”

The agency in its letter clarified the categories of public officials (PEOs) to be identified, in particular: - foreign public officials (FPEOs); — an official of a public international organization (PIOMO); — Russian public officials (RPDL); - a person associated with a PEP.

In the letter, Rosfinmonitoring also drew the attention of jewelers to certain procedures used to identify PEPs. Thus, it is noted that PEPs are subject to identification from among clients, both those accepted for service and those previously accepted for service, regardless of the form of service. To identify PEPs, it is recommended to conduct questionnaires and oral interviews, as well as checks using publicly available information resources and commercial databases.

It is important to note that Rosfinmonitoring suggested that jewelers, when identifying a client before accepting service or when updating information about a person already undergoing service, provide the client (client’s representative) with a self-filling questionnaire, which would include special fields in which the client ( the client’s representative) would independently put a mark on his affiliation with a PEP (persons associated with a PEP) or the absence thereof.

In simple words, following the recommendations of Rosfinmonitoring, jewelers, for example, selling products at retail, in addition to independently filling out a standard questionnaire for clients buying jewelry for amounts exceeding 40,000 and 100,000 rubles (depending on the payment method), must now give clients a Another questionnaire that clients fill out themselves. The form of such a questionnaire must now be included as part of the internal control rules. It seems to us that assay inspectors can now check with jewelers not only whether the form of the specified document is included in the internal control rules, but also how such a questionnaire is filled out by clients, and whether it is drawn up at all.

Financial intelligence in its letter also paid attention to the peculiarities of accepting PEPs for service. It is noted that as part of the internal control rules in the field of AML/CFT, a form of written document must also be developed, which will record the decision of the authorized official on the acceptance/non-acceptance of PDPs for service. The agency emphasized that refusing to accept a client for service only because he is classified as a PEP is not allowed.

The methodological recommendations also raised the issue of providing information about PEP operations. Thus, in the event of identifying transactions involving PEPs and related persons in respect of which there are suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism, the organization no later than three working days following the day identification of such operations, are obliged to send information about such operations to Rosfinmonitoring, regardless of whether they relate or do not relate to the operations provided for in Article 6 of Federal Law No. 115-FZ in the format of the FES 1-FM message with the main code of the type of operation 6001 and an indication of the attribute code an unusual operation (transaction) that meets the criterion or sign of an unusual transaction.

2. In the last days of 2022, several new amendments were adopted to Federal Law No. 115 of 08/07/2001, which entail new responsibilities for financial monitoring and adjustment of internal control rules

The first Federal Law, dated December 29, 2017 No. 470-FZ “On Amendments to Certain Legislative Acts of the Russian Federation,” introduced numerous amendments to Law 115 aimed at providing additional guarantees to customers and their rights when jewelers take AML/CFT measures . According to the changes, jewelers will have new responsibilities in 2018. So, if a jeweler refused to carry out a transaction with a client, for example, due to the client’s failure to provide the necessary AML/CFT documents, and reported this fact to Rosfinmonitoring, and the client, after receiving the refusal, eliminated the grounds on which he was previously denied the transaction, the jeweler will be obliged to submit information about such elimination to Rosfinmonitoring no later than the business day following the day the relevant reason was eliminated.

To be fair, we note that, despite the obligation that has existed for jewelers for two years now to send information about refusals to clients to Rosfinmonitoring, the agency has not yet approved the form of such a report, which in practice contributes to the fact that jewelers do not report such cases anywhere at all ( although they are obliged to do this, at least in free form, before accepting the appropriate forms of communication).

The changes will come into force on March 30, 2018, which will entail the need for jewelers to undergo additional training and mandatory adjustments to the internal control rules.

The Second Federal Law, dated December 31, 2017 No. 482-FZ “On Amendments to Certain Legislative Acts of the Russian Federation,” among other things, adjusted some general concepts in the field of AML/CFT.

Thus, now identification is defined as “a set of measures to establish information about clients, their representatives, beneficiaries, beneficial owners as determined by this Federal Law and confirm the accuracy of this information using original documents and (or) duly certified copies and (or) government and other information systems" (changes are highlighted in font).

The changes will come into force on June 30, 2018, which will entail the need for additional training and possible adjustments to the internal control rules.

3. New Personal Account on the Rosfinmonitoring website On January 15, 2022, the personal account on the Rosfinmonitoring website greeted jewelers with new sections and a changed structure. The new section “Mandatory Requirements” of the personal account contains a list of legal acts and their individual parts (provisions) containing mandatory requirements, compliance with which is assessed when carrying out measures to monitor the implementation by organizations and individual entrepreneurs, in the field of activity of which there are no supervisory authorities, of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.

The “Messages and Reports” section has changed significantly. Instead of the usual rectangles with reports for jewelers, corresponding to various types of FES, users of personal accounts now see reports arranged in tabular form. At the same time, we note that the forms of reports to Rosfinmonitoring themselves have not changed (as some jewelers had already thought in a panic). To prepare messages, you now need to click on the “Prepare message” button located to the right of the name of the corresponding report.

For jewelers, a section “AML/CFT risks” has been added, in which Rosfinmonitoring plans to post messages about AML/CFT risks. In the same section, organizations and entrepreneurs can send their messages about AML/CFT risks to Rosfinmonitoring.

A “Training” section has appeared in your personal account, in which jewelers can now take various electronic courses on financial monitoring. We would especially like to note for our readers the course “The Role of an Organization in Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism,” which reveals the basics of compliance with anti-money laundering legislation, in particular, by jewelers.

4. Draft new requirements for identifying clients In mid-January 2022, it became known that Rosfinmonitoring had developed a new Regulation on requirements for identifying clients, client representatives, beneficiaries and beneficial owners, taking into account the degree (level) of risk of the client performing transactions for the purpose of legalization (laundering) proceeds from crime and terrorist financing. Indeed, the current Order of Rosfinmonitoring No. 59 regarding identification, approved back in 2011, which will be replaced by changes in 2022, is in some places significantly outdated and contradicts the norms of current legislation.

If the new regulation is adopted and comes into force in 2022, significant adjustments to internal control rules and customer questionnaire forms will be required.

5. Drafts of a new “quarterly” report to Rosfinmonitoring Few jewelers submit reports to Rosfinmonitoring? Get more!

Back in the fall of 2022, the Government of the Russian Federation submitted to the State Duma bill No. 7705p-P4 dated October 26, 2017 “On amendments to the Federal Law “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” in terms of combating proliferation financing weapons of mass destruction."

On January 17, 2018, the bill was adopted by the State Duma in the first reading...

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READ MORE the end of the article - in the EXPO-JEWELER magazine No. 1'2018